Understanding the Code of Professional Conduct for RCICs by the CICC

The College of Immigration and Citizenship Consultants (CICC) serves as the official regulator for Immigration and Citizenship Consultants (RCICs) and is the successor to the Immigration Consultants of Canada Regulatory Council (ICCRC). Its authority rests on the College of Immigration and Citizenship Consultants Act (College Act), which positions licensees alongside members of other professional organizations, like doctors and lawyers. The CICC’s mission is to ensure that individuals seeking assistance from a licensed consultant receive professional, high-quality, and ethical guidance on immigration and citizenship matters. Additionally, it protects the public from dishonest, incompetent, and fraudulent consultants, whose actions could result in serious consequences, including delays in immigration applications, financial loss, loss of immigration status, and threats to the integrity of Canada’s immigration system. To achieve these objectives, the College enforces its Code of Professional Conduct, which will be explored in this article.

What is the Code of Professional Conduct?

The Code of Professional Conduct was established by the Minister of Immigration, Refugees and Citizenship. Its objective is to establish strong ethical and professional standards that all licensees of the College must follow, whether providing paid or pro bono services. Additionally, the Code aims to enhance the reputation of and confidence in the consulting profession. Consultants are required to meet the Code’s standards in all their professional interactions, including those with prospective clients, business associates, colleagues, and employees. If a licensee fails to adhere to the Code, the College will hold them accountable through its complaints and discipline regime. The Code of Professional Conduct is not only crucial for consultants to be aware of, but clients and employees should also be provided with a copy. Some of the principles of the Code can be found below.

Key Principles of the Code

Competence & Continuing Professional Development (CPD)

Firstly, it is crucial for an RCIC to be competent and possess the necessary knowledge and experience to provide sound and comprehensive immigration advice to clients. For instance, a licensee must have the oral and written communication skills required to protect a client’s interests, offer services in English and/or French, and utilize the appropriate technology. If an RCIC lacks the necessary skill set to take on a case or would be acting beyond the scope of their licence, they must refrain from doing so. Additionally, maintaining a solid working knowledge of the Code, as well as the related policies, procedures, and guidelines of the College, is vital. This also applies to staying up-to-date with immigration changes and regulations, along with maintaining one’s level of knowledge and skills. Therefore, annual Continuing Professional Development courses and seminars, like those offered at Ashton College, are mandatory for RCICs.

Integrity & Honesty

Licensees must act honestly and with integrity in all activities and obligations related to their business. For instance, they cannot make false, misleading, or inaccurate public statements about other licensees, the College, or its staff. RCICs must also refrain from assisting in or encouraging fraud, illegal activities, dishonesty, or any other behaviours that would violate the Code. Licensees of the CICC are required to avoid soliciting or accepting inducements for recommendations or referrals, as well as conflicts of interest in their business dealings. A conflict of interest may arise when lending or borrowing money from a client, having an intimate personal relationship with them, or providing another service, such as employment or student recruitment. However, there are exceptions in some of these cases if specific rules are followed.

Client Trust & Confidentiality

One of the most important things as an RCIC is to earn and deserve a client’s trust. A licensee must never take advantage of a client’s vulnerabilities. This includes protecting current and former client information and complying with privacy laws unless otherwise required by law or authorized by the client. Other important factors include the duty to be loyal by being committed to a client’s cause, treating them with respect and empathy and avoiding discriminatory behaviour, intimidation or coercion. Demonstrating cultural sensitivity may also be necessary.

Professionalism & Client Relations

A licensee must always uphold professionalism and deliver quality service when representing clients. This includes ensuring that all necessary documents and information are adequately prepared, signed, and submitted while adhering to relevant deadlines and timelines. Effective, transparent, and timely communication with clients is essential. Written agreements with clear fee structures enhance transparency, including a detailed list of services and fair, reasonable costs. Additionally, consultants must inform clients about the Code of Professional Conduct and the College’s complaints and discipline process, ensuring they understand how their affairs will be handled and how to file complaints if needed. If a complaint arises, the licensee must respond promptly. In cases where an error or omission could harm the client and cannot be readily corrected, the consultant must take immediate steps to mitigate harm, including informing both the client and the College.

Accountability & Compliance

An RCIC’s duty to comply with the CICC’s Code, rules, and regulations is paramount. Should a licensee become aware that they can no longer fulfill these obligations, have made a mistake, or have another crucial update, they are required to report this information to the College within a set deadline. For instance, this may be necessary if the licensee:

• Becomes bankrupt or insolvent
• Suffers from a physical or mental health problem or an addiction limiting their capacity to practise
• Is charged with or found guilty of an offence

A licensee’s duty to report applies not only to information about themselves but also to evidence or reasonable suspicion of serious misconduct by their fellow licensees, which includes the following:

• Misappropriation of funds belonging to a client
• Failure to comply with an order of a court
• Participation in serious criminal activity related to a fellow licensee’s practice

However, a licensee is not required to report conduct or information to the College if doing so would breach a duty of confidentiality.

Conclusion

The CICC’s Code of Professional Conduct ensures that clients and stakeholders can trust authorized consultants to uphold high professional and ethical standards, including honesty, integrity, and respect. By adhering to these principles, licensed consultants not only enhance their credibility but also help protect prospective applicants from the risks associated with unethical or unauthorized practitioners. To maintain trust in the industry and provide the best possible service, RCICs must stay informed and continuously improve their practice. Consultants can access valuable resources, including the full Code of Professional Conduct, as well as other programs and opportunities on the CICC website.